Punjab Land Revenue Act, 1887, Section 16, 34, 35, 36, 37 -- Order of sanction of mutation by Assistant Collector 1st Grade, set aside in appeal by Collector which order upheld by Commissioner, Financial Commissioner set aside orders of Collector as well as Commissioner - Net result of setting aside orders of these two authorities - To restore order of Assistant Collector..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Revenue authorities in mutation proceedings deciding that J was not legally adopted son of G whereas Gopali and Bajrangi were G's wife and daughter - Such a decision of revenue authorities does not operate as res judicata...........
Agreement to sell -- Specific performance - Suit for - Sale deed was to be executed after partition - Order of partition made on 16.11.1970 and Sanad Taqseem prepared on 20.4.1971 and mutation sanctioned on 15.6.1971 - Limitation to file suit starts to run on 15.6.1971...........
Specific Relief Act, 1963, Section 37, 38 -- Demolition of room constructed by one joint owner inspite of status quo order - Concurrent finding of fact of Courts below that plaintiff is joint owner of the suit land - Assertion of defendant that he is in exclusive possession of suit land not accepted by Courts below - Conclusion of Courts below supported by mutation..........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 32, 32FF -- Gift of land in 1952 by landowner in favour of his sons - Gift deed not produced - Acceptance of donee not brought on record - Original Roznamcha of Patwari regarding entering of gift not produced - Mutation of gift sanctioned in 1956 - Gift not valid - Hit by Sections 32 and 32-FF - Transfer of Property Act,..........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- No material irregularity committed by lower Revenue Officers which has vitiated partition proceedings - Service of all necessary parties effected in accordance with legal procedure - Partition already made, possession delivered and mutation sanctioned - No justification for..........
Mutation -- Entries do not confer any proprietary right as the same are maintained for fiscal purposes only - Mutation entries do not establish possession of an individual...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Mutation of partition - Family partition reduced to writing - Transfer of possession - No question of formal transfer of possession in a family partition...........
Punjab Land Revenue Act, 1887, Section 14, 13 -- Appeal time - barred - Against sanction of mutation dated 6.8.1999 appeal filed on 24.3.2000 - No reason to delay filing of appeal till 24.3.2000 when came to know of mutation on 14.11.1999...........
